Oregon Peremptory Writ of Mandamus and General Judgment
Description Writ Of Mandamus Form Oregon
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FAQ
There should be a legal right in existence. The legal right should be enforceable by the court. Enforcement of such a right must impose a responsibility of per on a person, public authority, corporation or government. Such duty is of public nature.
Section 13 of the Judiciary Act of 1789 authorized the Supreme Court to issue writs of prohibition to the district courts, when proceeding as courts of admiralty and maritime jurisdiction, and writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office,
(1) A party petitioning for a writ of mandamus or prohibition directed to a court must file a petition with the circuit clerk and serve it on all parties to the proceeding in the trial court. The party must also provide a copy to the trial-court judge.
A writ of mandamus is obtained through a petition to a court and must be supplemented by legal rights. A writ of mandamus is only one type of writ.
A legal proceeding during which an individual's right to hold an office or governmental privilege is challenged. Statutes describing quo warranto usually indicate where it is appropriate.Ordinarily it is proper to try the issue of whether a public office or authority is being abused.
: a writ issued by a superior court commanding the performance of a specified official act or duty.
: an extraordinary writ issued by a court of competent jurisdiction to an inferior tribunal, a public official, an administrative agency, a corporation, or any person compelling the performance of an act usually only when there is a duty under the law to perform the act, the plaintiff has a clear right to such
Mandamus can be issued where there is duty to exercise discretion, such a duty of the tribunal to hear and determine a case within its jurisdiction. Section 10 of the Tribunals & enquiries Act, 1992, imposes a duty on tribunal to give reasons for its decisions.